Dear friends,
You
will all be eagerly waiting for the out come of the meeting held at
United India Head Office on the subject matter of payment of 5 years
notional credit to SVR optees as per the Supreme Court Order on the
TP/7/2011 and upon the individual WPs filed by our members at Madurai
Branch of the Madras High Court vide WPnos.6435 - 6437 of 2015.
Our
Writ Petitioners from the 4 companies, namely Mr.V.Selvaraj(New India),
Rajasekaran(national), Srinivasan(United india), were present at the
meeting, which included the authorised representative
of the petitioner from Oriental Sri Anandraj. who is at present at United states.- ie. myself.
The
meeting was divided in to two sessions one for the Writ Petitioners and
the other for the Authorised Representative. In the first meeting, the
management was represented by the General Managers of the companies
vide- Sri Nayak for New India, Smt. Heamamalini for United India, and
Sri.Mangaleswari for National. The GIPSA was represented by
Sri.Govindarajan CEO, and the ministry by Sri. Singhal. Our petitioners
were asked to explain their stand and as directed by our Association,
they explained and also gave their view about the demand in writing.
Then the management took the stand that there is no specific order by
the Supreme court to pay the 5 years
notional
credit to them and hence they are in no position to consider the
demand, also conveyed their inability to proceed further and promised to
inform the petitioners in writing about their stand.
The
second part of the meeting was held around 12 30 pm with myself and in
the presence of the following representatives from the Management side.
The team was led by Shri Singhal representing Ministry, Sri Govindarajan
CEO for GIPSA, Sri. Chakradar singh DGM for OIC with one more officer
whose name i could not get. After usual exchange of greetings with Mr.
Singhal, and others, Mr. Singhal explained that they are discussing with
me seperately because i am not the petitioner but only an authorised
person and it is out of their magnanimity. i told him that it is only as
per the Court Order, but thanked him for his gesture. He invited my
view points on behalf of the Petitioner Sri. Anandraj.
While
presenting my case I quoted the clauses 6,8,15 of the judgment where
the Judge has clearly mentioned that we are eligible for the 5 years
notional credit, and in clause 27,28, the Hon'ble judge has mentioned
that the management has admitted about the payment of 5 years notional
credit in their submission before the Court, and in clause 34 Which is
the operative part, the Hon'ble Judge has again mentioned that it is an
admitted fact that the 5 years notional credit has been given but
whereas the fact remains that it is not given. By making these points in
my presentation, I substantiated my demand for the 5 years notional
credit which was not actually paid.
Mr.Singhal
explained his stand that because of Clause 6 c of the SVR Scheme which
restricts the payment of 5 years notional credit, and since our Review
petition got dismissed with which we mentioned all the above points, and
finally in the written submission by the management they
have
never admitted about the payemnt of 5 years notional credit payment as
stated in the judgment. He was also inviting me to suggest some way,
which may enable them to pay the 5 yrs notional credit.
I
was so careful and repeatedly insisted that they need not have any
extraw points but for the details in the judgment, since any judgment is
law and it supersedes all the other laws laid before the judgment. Once
the judgment is given on the SVR scheme, the clause 6 c which was
quoted in their defence, will loose its effect and they should abide by
the judgment. Moreover the main point the judge has taken as reason for
the dismissal of the claim for arrears is the additional benefit of
payment of 5 years notional credit.
Thus
the meeting concluded and when asked about their order, Mr.Singhal has
assured that all the petitioners will get their order separately and he
will inform the Court accordingly.
Friends,
now it is left to us to take our legal recourse to get the benefit.
Once the reply comes our association will consult the Advocates and
proceed further in the matter. All along we thought that some wisdom
will prevail in the minds of the management and will consider our
demand. Now it seems that it is of no avail and as were, we will be
together and fight to the end.
Our
next move will be to go back to Madurai Court and inform them about the
negative stand taken by the management and get suitable order and
further proceed to Supreme Court, which will be natural end for all
these litigation.
Be with us in the fight and together we are the victory is with us.
with regards
nagarajan
nisvrea
5 comments:
Thanks for updates. If we win the case for 5 years notional credit in HC then management would appeal against HC judgement in SC and there we may or may not get benefit from SC. But if we loose the case in HC then we may not get any benefit from SC since our review petition has already been dismissed by SC on the same subject. Further apart from the issue of notional credit we should also study other relevant judgements by SC on pension matters and wherever we can get benefit on the basis of such judgements we should approach management/courts for extending the benefit to us.
GOI Ministry of Personnel, Public Grievances and Pension vide office memorandum no.38/37/08-P&PW(A) dated 02-09-2008 had introduced the modifications in CCS (Pension) Rules 1972 and vide para 5.2 of this memorandum; the requirement of 33 years for full pension had been dispensed and had provided full pension after minimum of 20 years service only.
General Insurance Pension Scheme 1995 para 55 Residual Provisions provide that for us also for residual provisions CCS (Pension) Rules 1972 would be applicable. Kindly examine whether employees who opted SVRS after 20 years of service, would be entitled for full pension in terms of above memorandum dated 02-09-2008.
Government of India Ministry of Personnel, PG & Pensions Department of Pension & Pensioners' Welfare Office Memorandum No.38/37/08-P&PW(A) dated the 30th July, 2015 para 4 clearly mentions that pension/family pension of all pre-2006 pensioners/family pensioners is to be revised w.e.f. 01-01-2006
Kindly visit our blog http://indiainsuranceguide.blogspot.in/2013/12/news.html
for links of circulars dated 01-09-2008, 02-09-2008, 30-07-2015.
Sir pls update when this revision will happen
Flash News From Chennai :- (SVRS CASE)
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OUR CASE IN MADURAI HIGH COURT ADMITTED. NOTICE TO BE SERVED TO MANAGEMENT GIVEN 4 WEEKS TIME. OTHER DETAILS FOLLOWS.
NISVERREA.
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